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(영문) 수원지방법원 평택지원 2014.11.21 2014고정731
사기
Text

Defendant shall be punished by a fine of 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 20, 2014, the Defendant was sentenced to eight months of imprisonment for fraud in the Suwon District Court Pyeongtaek Housing Site, and the said judgment became final and conclusive on August 28, 2014.

On July 9, 2014, the Defendant posted a notice to the effect that the Internet trading site ‘NEX-3N digital camera' (htp:/cafe.naver.com/joint signature) is sold, and made a false statement to the effect that the Defendant would first send money to the Korean bank account (E virtual account) in the name of the C, to the victim B (the age of 29, South) who contacted the Defendant to purchase the camera, and then would send money to the Korean bank account (E) in the name of the C.

However, as the defendant did not possess the above digital camera, there was no intention or ability to send the goods to the door-to-door, even if he receives the money from the victim.

The Defendant received 250,000 won as the price for goods from the victim on the same day.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. B written statements;

1. Application of the Acts and subordinate statutes on the results of the transfer to our bank;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act recognize the facts charged in this case, and the equity should be taken into account when a judgment is rendered simultaneously with a final and conclusive crime of fraud, etc. However, the Defendant was sentenced to a suspended sentence of one year and six months on November 14, 201 in Suwon District Court, for a criminal act similar to the instant fraud, and was under the suspended sentence of one year and six months on November 14, 201, and was under the suspended sentence of one year and six months on which the judgment became final and conclusive.

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